Brian Mwenda who is charged with faking to be a lawyer has been freed on a cash bail of Sh200,0000.
Chief Magistrate Lucas Onyina while ruling on the matter said that he had considered the submissions both by the prosecution, defence and victims in the case.
Onyina added that he agreed with submissions by Omari that there was no compelling reason to deny the accused bail
“I therefore release the accused person on a bond of Sh300,000 or a cash bail of Sh200,000 with one contact person,” the magistrate ruled.
The case will be mentioned on November 7.
Through his lawyers John Khaminwa and Danstan Omari, Mwenda termed the allegations that he might abscond court proceedings as false arguing that he has no reason to get out of the country.
Omari argued that no compelling reasons have been presented before the court to have Mwenda denied bail.
In an affidavit filed before Milimani chief magistrate Lucas Onyina, Mwenda says that he campaigned for LSK president Erick Theuri when he sought for LSK president adding that Theuri bailed him whenever he was arrested.
“Theuri has on numerous occasions used his powers as the law society of Kenya president to bail me, Michieka and other friends from different police stations whenever we were arrested for drinking-related issues,” he states in his affidavit.
Mwenda has accused LSK of overstepping its mandate arguing that it’s a political season for the society adding that there exists cases of impersonation and the LSK leadership has never dealt with the said cases and participation the way they are dealing with his.
He says that there’s evidence of his prowess and skills despite a lack of formal training.
Although the circumstances and environment are quite hostile to him presently, he said he is adamant in his search for a breakthrough in his career as an advocate.
“LSK should tell this court and members of the public what motivated them to present me as an advocate and if they earned some sort of financial benefit from doing so and when the same stopped. They sought revenge by exposing me,” reads his affidavit.
On Thursday last week, a Nairobi court allowed the Law Society(LSK) to be part of Mwenda’s case.
In a ruling delivered by Milimani chief magistrate Onyina ruled that being a victim cannot just be a natural person as alleged by the defence lawyers.
Mwenda was on Wednesday charged with making a fake certificate for admission to practice law as an Advocate.
He denied six counts of making a false document, uttering a false document and identity theft.